Citation Nr: 9916746
Decision Date: 06/17/99 Archive Date: 06/21/99
DOCKET NO. 98-08 237A ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Lincoln,
Nebraska
THE ISSUES
1. Entitlement to service connection for tinnitus.
2. Entitlement to service connection for deflection of the
nasal septum with difficulty breathing.
3. Entitlement to service connection for a left wrist
disorder.
REPRESENTATION
Appellant represented by: John Stevens Berry, Esq.
ATTORNEY FOR THE BOARD
C. Trueba-Sessing, Associate Counsel
INTRODUCTION
The case comes before the Board of Veterans' Appeals (Board)
on appeal from rating decisions of the Department of Veterans
Affairs (VA), Regional Office (RO) in Lincoln, Nebraska,
which denied the benefits sought on appeal. The veteran had
active military service from January 1956 to September 1957.
In his December 1998 correspondence, the veteran raised the
additional issue of entitlement to service connection for
hearing loss. That issue has not been developed or certified
for appeal. See 38 U.S.C.A.§ 7105 (West 1991). Nor is it
"inextricably intertwined" with the issues now on appeal.
See Harris v. Derwinski, 1 Vet.App. 180, 183 (1991).
Accordingly, it is referred to the RO for all action deemed
necessary.
REMAND
The record contains evidence that on or about January 1998
the veteran submitted a request for a personal hearing at a
local RO. As a result, such hearing was scheduled for
February 5, 1998. However, the Board notes that the record
is devoid of either evidence that such a hearing in fact took
place as scheduled, or conversely, evidence indicating that
the veteran canceled the hearing. Accordingly, this case is
REMANDED to the RO for the following action:
1. If the February 5, 1998 personal
hearing at the RO took place as
scheduled, the RO should include in the
claims file a copy of the hearing
transcript. Conversely, if the veteran
failed to report for the hearing, the RO
should indicate as much. Finally, if
the RO is unable to determine whether
the personal hearing was conducted, the
veteran should be scheduled for a
personal hearing at the RO as soon as is
practicable. If the veteran's response
is in the negative, the record should be
documented accordingly.
Upon completion of the requested development, and according
to established appellate procedures, the case should then be
returned to the Board for further consideration. By this
action, the Board intimates no opinion as to the ultimate
determination warranted in this case. No action is required
of the appellant until he receives further notice.
JOHN R. PAGANO
Acting Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991& Supp. 1999), only a
decision of the Board of Veterans' Appeals is appealable to
the United States Court of Appeals for Veterans Claims. This
remand is in the nature of a preliminary order and does not
constitute a decision of the Board on the merits of your
appeal. 38 C.F.R. § 20.1100(b) (1998).